Press Briefing: Outlining Bills on Forever Chemicals

This week we held a briefing with legislators, advocates, and public health experts to brief the press on PFAS legislation.

The briefing covered seven bills being introduced to Maine’s 130^th Legislature related to health-harming toxic chemicals known as PFAS that are currently making headlines in Maine and nationwide. Collectively the bills implement and strengthen key recommendations from the Governor’s PFAS Task Force Report issued in January 2020 around drinking water, use of PFAS in products, and contamination of farm land.  

Speakers at the briefing included:

• Representative Lori Gramlich, LMSW (D-Old Orchard Beach), who is introducing legislation addressing PFAS in products, firefighting foam, and requiring testing of contaminated farm land
• Representative William Pluecker (I-Warren), who is introducing legislation to set strict drinking water standards for PFAS
• Courtney Schusheim, a Trenton, Maine resident whose children’s school was found with water containing PFAS levels that would be illegal in nearby states but were acceptable to Maine officials
• Lani Graham, MD, MPH, former Chief Public Health Officer for Maine, retired family physician, and member of the Governor’s PFAS Task Force
• Sharon Treat, Senior Attorney at the Institute for Agriculture & Trade Policy (IATP)
• Patrick MacRoy, Deputy Director at Defend Our Health

Read our press release below for more information:

Maine Legislature to tackle toxic ‘forever chemicals’ that poisoned drinking water, ruined dairy farms, and threaten human health and the environment

Action needed to implement Governor’s PFAS Task Force recommendations 

Portland, Maine, January 28, 2020 — Today, Maine legislators, public health leaders, farm experts, and impacted residents called for swift action to clean up and further prevent widespread pollution from a widely used and highly toxic class of chemicals known as per- and polyfluoroalkyl substances (PFAS).

Advocates endorsed a slate of bills to set health-protective drinking water standards, eliminate PFAS use in products to stop future pollution, identify farmland contaminated with the chemicals, empower state officials to clean up existing pollution, and enable impacted farms and residents to pursue legal justice.

The proposed legislation follows the financial ruin and widespread contamination at the Stoneridge Farm in Arundel and the Tozier Farm in Fairfield, dairy farms whose milk suffered among the highest levels of PFAS ever reported in the world. Dozens of drinking water wells have also been tainted with unsafe levels of PFAS across the state.

Collectively, the bills will strengthen and implement the most critical recommendations made by the Governor’s PFAS Task Force to combat the threat of toxic PFAS contamination. The Task Force issued its recommendations in January 2020 but the early end of the 129^th Legislature due to the pandemic has delayed their consideration until now.   

Representative Lori K. Gramlich, LMSW (D-Old Orchard Beach), the sponsor of three of the bills, said, “I was outraged to learn that toxic chemicals, and specifically PFAS, are present in everyday household products including carpeting, clothing and even car seats and dental floss. Maine families are exposed to these toxic chemicals every single day, and the disposal of them is ultimately polluting our land and water. We know that safer alternatives for nearly all uses are widely available and already being adopted by leading manufacturers. It is imperative for the health of all Mainers that we stop the use of these chemicals at the source.”

“Maine farmers have learned the hard way that PFAS contamination of water, soil and food threatens their health and livelihoods and the viability of their farms. We cannot delay testing fields where industrial wastes and sewage and septic sludge have been spread over decades, and it is equally imperative to halt ongoing practices that created PFAS contamination in the first place,” said Sharon Treat, Senior Attorney at the Institute for Agriculture & Trade Policy. “Maine needs comprehensive policies to clean up PFAS pollution, require responsible parties to pay for the harm their products have caused, and enforceable standards for drinking water that protect the health of current and future generations.”

“As a farmer, I have been saddened to see the impacts of this toxic chemical on our rural communities. PFAS have contaminated water and soil across the state, harming our environment and contaminating farmland and drinking water,” added Representative William Pluecker (I-Warren) the sponsor for several of the bills. “We must take action to make sure that we are able to hold those responsible for this contamination accountable, and build the resilience of our local agricultural industry and communities.”

Lani Graham, MD, MPH, former Chief Public Health Officer for Maine, retired family physician, and member of the Governor’s PFAS Task Force added, “With the knowledge that PFAS contamination can affect the immune system and has been linked to health problems like cancer, it is critical that we acknowledge that the extent of PFAS contamination in Maine remains largely unknown. This is exactly why a majority of the PFAS task force’s members supported changing state laws to begin the process of eliminating PFAS exposure in Maine.”

“Since we first stood on Fred Stone’s farm in the spring of 2019, Defend Our Health has been calling on the state to stop PFAS at its source by eliminating its use in products, prevent additional contamination of farmland, and identify and remediate previously contaminated sites and drinking water,” said Sarah Woodbury, Director of Advocacy at Defend Our Health. “The legislature can make significant progress on all of these by passing the entire suite of PFAS legislation we are pleased to endorse today.”

PFAS have been dubbed the ‘forever chemicals’ because they can persist for hundreds of years as environmental contaminants. PFAS are widely used for their stain-resistant, grease-resistant and water-repellent properties in thousands of consumer and commercial products including food packaging and food service ware, carpeting and rugs, clothing and other textiles, floor polishes and waxes, cosmetics and personal care products and more. PFAS are also used in some industrial processes and firefighting foams.  

PFAS pose significant health risks at very low levels. Human exposure to PFOA, the most studied PFAS, has been linked to testicular and kidney cancer, ulcerative colitis, thyroid disease, pregnancy-induced high blood pressure, and elevated cholesterol. New research shows that some PFAS interfere with immune system response, which may increase susceptibility to COVID-19 and other infectious diseases.

The specific bills in the slate are listed below, with LR numbers corresponding to their pre-publication identification at the Revisor’s Office.  Additional information on the proposed content of these bills is available to the media on request to Defend Our Health.  Bills with an LD number have been published.  

Eliminating PFAS in Products

• LR 942, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution sponsored by Rep. Lori Gramlich (Will require reporting of PFAS use, elimination of PFAS from carpeting and stain treatments, and the eventual phase of out all uses not specifically exempted.)
• LR 302, An Act To Require the Removal of Perfluoroalkyl and Polyfluoroalkyl Substances, PFAS, in Products and of Discharges of Firefighting Foam Containing PFAS sponsored by Rep. Lori Gramlich (Will prohibit the use of firefighting foams containing PFAS.)

Safe Drinking Water

•  LR 905, Resolve, To Require Testing of Public Drinking Water Supplies for Toxic Perfluoroalkyl and Polyfluoroalkyl Substances and To Establish Maximum Contaminant Levels sponsored by Rep. Bill Pluecker (Sets health-protective and enforceable standards for PFAS modeled after levels used in Vermont and Massachusetts rather than outdated levels from the US EPA. A similar bill, LD 164, was introduced by Rep. Ralph Tucker and we anticipate resolving the minor differences.)

Protecting Farmland

•  LR 1114, An Act To Investigate Perfluoroalkyl and Polyfluoroalkyl Substance Contamination of Land and Groundwater, submitted by Rep. Lori Gramlich (Will require testing of land that previously received similar waste sludge that contaminated the Stoneridge and Tozier Dairy Farms.)
  

Equal Justice

•  LR 788, An Act Regarding the Statute of Limitations for Injuries or Harm Resulting from Perfluoroalkyl and Polyfluoroalkyl Substances, submitted by Rep. Bill Pluecker. (Based on LD 2160 from the 129^th legislature, will allow victims of PFAS pollution that may have occurred years ago, but only recently discovered, to seek restitution.  A similar bill was also submitted by Rep. Wayne Parry.)

Clean-up

•  LR 133, An Act To Define as a Hazardous Substance under Maine Law Any Substance Defined under Federal Law as a Hazardous Substance, Pollutant or Contaminant, on behalf of the Department of Environmental Protection (Similar to LD 1923 from the 129^th Legislature, allows the Department to address PFAS and other emerging toxic chemicals contaminating sites.
•  LD 150, An Act To Authorize a General Fund Bond Issue To Fund Hazardous Substance Site Cleanups, presented by Rep. Jessica Fay on behalf of the Department of Environmental Protection. (Provides for funding for DEP to conduct remediation of uncontrolled sites polluted with PFAS and other dangerous chemicals.)

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Defend Our Health is a nonprofit public health organization working to create a world where all people are thriving, with equal access to safe food and drinking water, healthy homes, and products that are toxic-free and climate-friendly. Visit www.defendourhealth.org for more information.